Sec. 14-40. - Employment of relatives.
Sec. 14-41. - Probationary period of employment.
Sec. 14-42. - Same—Evaluation.
Sec. 14-43. - Same—Recommendation.
Sec. 14-44. - Same—Termination.
Sec. 14-45. - Promotion of employees; policy.
Sec. 14-48. - Outside and dual employment.
Sec. 14-50. - Pay rate for demotion.
Sec. 14-52. - Right of appeal.
Sec. 14-55. - Acceptance of gifts and favors.
Sec. 14-56. - Political activity.
Sec. 14-40. - Employment of relatives.
The town strongly discourages the hiring of relatives, including domestic partners as defined in chapter 1 of the Town Code, or of persons with a close personal relationship within the same department, division, or work group, and does not allow the establishment of supervisor/employee relationships between relatives, domestic partners or persons otherwise having a close personal relationship. However, the town does not discourage the employment of related persons working in different departments or work units. The town will not hire a relative of a current town employee into any regular position at or above the division head level.
For the purpose of this section, domestic partners are further defined as two (2) persons who have established financial and legal ties, such as a joint mortgage, health care power of attorney, beneficiary of will or insurance policies, or other similar financial and/or legal relationships.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 95-1-23/O-1, § 1; Ord. No. 95-4-24/O-8d; Ord. No. 2006-06-26/O-4, § 1)
Sec. 14-41. - Probationary period of employment.
New employees shall serve a probationary period of six (6) months, except for department heads, firefighters and law enforcement officers, who shall serve a probationary period of one (1) year.
If recommended by the department head, the probationary period may be extended up to an additional three (3) months to allow further evaluation of performance. In such cases, the employee must be notified in writing of the purpose of the extension, the conditions, and the length of time of the extension. This notice must be provided to the employee before the expiration date of the original probation period.
During a new employee's probationary period or any extension thereof, departments may grant an employee's request to use accrued annual leave based on the operational needs of the department.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-45, § 1, 6-23-80; Ord. No. O-83-5, § 1(1), 2-14-83; Ord. No. O-84-38, §§ 1, 2, 5-29-84; Ord. No. 99-2-22/O-2, § I; Ord. No. 2006-06-26/O-4, § 1)
Sec. 14-42. - Same—Evaluation.
A probationary employee whose work is judged unsatisfactory should normally receive one (1) or more oral warnings and a written warning to assist the employee in understanding and fulfilling the responsibilities of the position at a satisfactory level. This warning shall be in writing from the employee's supervisor, stating the deficiency in the employee's performance and designating a reasonable period in which the employee shall display satisfactory performance. If the employee's work is not satisfactory during said designated period, the employee may be terminated.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-77-76, 12-12-77; Ord. No. 86-6-23/O-1; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)
Sec. 14-43. - Same—Recommendation.
Before the end of the probationary period, the supervisor shall recommend to the department head whether the employee shall be retained or terminated. Prior to such recommendations, the supervisor shall have accomplished and documented the following:
(a)
That there has been discussed with the employee, the employee's accomplishments, failures, strengths, and weaknesses;
(b)
Whether the employee is performing satisfactory work;
(c)
Whether the employee should be retained in the position;
(d)
Whether the employee should be terminated.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 2006-06-26/O-4, § 1)
Sec. 14-44. - Same—Termination.
A probationary employee terminated during their probationary period or extension shall be entitled to rights of appeal through the grievance procedure, and, with proper notice, will be paid for unused accrued annual leave.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-83-5, § 1(2), 2-14-83; Ord. No. 86-6-23/O-1; Ord. No. 99-2-22/O-2, § II; Ord. No. 2006-06-26/O-4, § 1)
Sec. 14-45. - Promotion of employees; policy.
It is the policy of the town to encourage that vacancies in regular positions above the lowest rank in any category in town services be filled by the promotion of employees of the town when possible.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 2006-06-26/O-4, § 1)
Promotion is defined as movement by an employee to a job classification with a higher salary grade, usually as a result of a competitive selection process.
(Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)
When an employee is promoted, the employee's salary shall be advanced at least to the minimum level for the new position, or to a salary which provides not less than a five (5) per cent increase over the salary before promotion; provided, however, that the new salary may not exceed the maximum rate of the new salary range. Qualifications, length of service and internal equity considerations within the work unit shall all be considered in this decision. When these circumstances justify it, the town manager may authorize an increase of more than five (5) per cent.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-84-38, §§ 1, 2, 5-29-84; Ord. No. 86-6-23/O-1; Ord. No. 2006-06-26/O-4, § 1)
Editor's note—
Ord. No. 2006-06-26/O-4, § 1, adopted June 26, 2006, deleted § 14-47 in its entirety. Former § 14-47 pertained to probationary conditions and derived from Ord. No. O-75-53, § 1, adopted Sept. 16, 1975.
Sec. 14-48. - Outside and dual employment.
(a)
The work of the town shall have precedence over other occupational interests of employees. The town manager shall have the right to review outside employment for salary, wages, or commissions which must be reported to the town manager to determine whether such employment is in conflict with the interest of the town. Continuation of conflicting outside employment after notice to cease may be grounds for disciplinary action up to and including discharge.
(b)
No regular full-time or regular part-time employee of the town shall simultaneously hold a second full- or part-time position with the town, whether regular or temporary.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-77-32, § 9, 6-13-77; Ord. No. 86-6-23/O-1; Ord. No. 2006-06-26/O-4, § 1)
Any employee whose work is judged and documented as unsatisfactory or who is unavailable for work or no longer meets the job requirements is subject to demotion or dismissal in accordance with the procedures outlined in this chapter; provided, however, that an employee showing promise of becoming a satisfactory employee in another vacant position may be considered for demotion or transfer to that position.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)
Sec. 14-50. - Pay rate for demotion.
Demotion is defined as movement by an employee to a job classification with a lower salary grade; demotions may be either voluntary or disciplinary. When an employee is demoted to a position for which qualified, the salary shall be set at a rate within the lower pay range. If the demotion is disciplinary (for cause), the employee's pay shall be reduced; if the demotion is voluntary, the employee's pay may be reduced. Policies on rates of pay following different types of demotion shall be established by the manager.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-84-38, §§ 1, 2, 5-29-84; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)
Any employee of the town may be transferred to another position at the same pay grade in the same or in another department of the town if approved by the town manager. This transfer shall not be considered a break in service.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 2006-06-26/O-4, § 1)
Sec. 14-52. - Right of appeal.
Any employee demoted or transferred for cause may appeal the action in accordance with the grievance procedure.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 2006-06-26/O-4, § 1)
An employee of the town on educational, family, sick or other authorized leave shall be reinstated to the former position or one of equivalent status and salary, if such employee returns to town service at the expiration of the period of approved leave or authorized extension thereof. An employee who fails to return within the required time shall be considered to have resigned.
An employee called to extended active duty with the United States military forces shall be reinstated, if qualified, under the provisions of federal law.
A previous employee who resigns while in good standing and requests reinstatement may be reinstated to the former position if available provided that such reinstatement occurs within one (1) year of the date of separation. In such cases the employee may be reinstated at the previous salary rate, including any salary increases for which the employee would have been eligible during the absence. The employee's accrued sick leave shall be restored to an employee who is reinstated within this time period. The reinstated employee shall be subject to all pre-employment requirements as a new employee in the position.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 95-1-23/O-1, § 1, 1-23-95; Ord. No. 98-3-23/O-3, § I, 3-23-98; Ord. No. 2006-06-26/O-4, § 1)
Other than the terms of reinstatement described in section 14-53, a town employee who separates from employment and is rehired by the town shall be regarded as a new employee, subject to all of the provisions of rules and regulations of this chapter.
An employee in good standing who is terminated due to a reduction in force shall be given the first opportunity to be rehired in the same or a similar position for which qualified for a period of twelve (12) months following the last day worked. In such cases, an employee who is rehired in the former or another position within one (1) year shall retain the unused sick leave previously accrued, and may be rehired at the previous salary.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 95-1-23/O-1, § 1; Ord. No. 97-6-23/O-9, § I, 6-23-97; Ord. No. 98-3-23/O-3, § II, 3-23-98; Ord. No. 2006-06-26/O-4, § 1)
Sec. 14-55. - Acceptance of gifts and favors.
No official or employee of the town shall:
(a)
Accept any gift, favor, or thing of value that may be perceived by a reasonable person as having an influence on such employee in the discharge of the employee's duties, or
(b)
Grant in the discharge of duty an improper favor, service or thing of value.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 2006-06-26/O-4, § 1)
Sec. 14-56. - Political activity.
No administrative official or employee of the town shall:
(a)
Use official authority or influence for the purpose of interfering with or affecting the result of an election or nomination for office;
(b)
Directly or indirectly coerce, attempt to coerce, command, or advise a state or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or
(c)
Be a candidate for elective office under the town Charter.
(d)
No town employee shall be appointed to nor serve on a town board or commission when such appointment or service would create a perception by a reasonable person of conflict of interest or influence over the work of the employee's operating department. This shall not apply to any special or ad hoc committees appointed by the council.
(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 2006-06-26/O-4, § 1)
Editor's note—
Ord. No. 2006-06-26/O-4, § 1, adopted June 26, 2006, deleted § 14-57 in its entirety. Former § 14-57 pertained to telephones and derived from Ord. No. O-75-53, § 1, adopted Sept. 16, 1975.